PRINTER'S NO. 3072

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2397 Session of 1992


        INTRODUCED BY WOZNIAK, TRELLO, TIGUE, CAPPABIANCA, PETRARCA,
           STABACK, CLARK, DeLUCA, NAHILL, BELARDI, MIHALICH, MICOZZIE,
           KRUSZEWSKI, KOSINSKI, ULIANA, STEIGHNER, BILLOW, HARLEY,
           JOHNSON, HARPER, BARLEY, DONATUCCI, CORRIGAN, NOYE, KING,
           BELFANTI, CLYMER, WILLIAMS, ADOLPH AND DERMODY,
           FEBRUARY 5, 1992

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 1992

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, expanding the coverage of provisions
     3     on criminal history information; and imposing penalties.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9102 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended by adding a definition to read:
     8  § 9102.  Definitions.
     9     The following words and phrases when used in this chapter
    10  shall have the meanings given to them in this section unless the
    11  context clearly indicates otherwise:
    12     * * *
    13     "Sexual offense involving children."  Any of the following:
    14         (1)  An offense under section 3122 (relating to statutory
    15     rape).
    16         (2)  An offense under any of the following provisions


     1     where the victim is under 18 years of age:
     2             Section 3121 (relating to rape).
     3             Section 3123 (relating to involuntary deviate sexual
     4         intercourse).
     5             Section 3124 (relating to voluntary deviate sexual
     6         intercourse).
     7             Section 3125 (relating to aggravated indecent
     8         assault).
     9             Section 3126 (relating to indecent assault).
    10             Section 3127 (relating to indecent exposure).
    11         (3)  Offenses in other jurisdictions which are
    12     substantially similar to offenses listed in paragraphs (1) or
    13     (2).
    14     * * *
    15     Section 2.  Section 9113 of Title 18 is amended by adding a
    16  subsection to read:
    17  § 9113.  Disposition reporting by criminal justice agencies.
    18     * * *
    19     (f)  Sheriffs.--County sheriffs shall submit criminal history
    20  record information received under section 9113.1 (relating to
    21  sexual offenses involving children).
    22     Section 3.  Title 18 is amended by adding sections to read:
    23  § 9113.1.  Sexual offenses involving children.
    24     (a)  Duty to report.--Except as provided in subsection (c),
    25  an individual who has been sentenced for a sexual offense
    26  involving children shall provide the sheriff of the county with
    27  the following information:
    28         (1)  Name of county.
    29         (2)  Name.
    30         (3)  Address.
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     1         (4)  Place of employment.
     2         (5)  Offense for which the individual was sentenced.
     3         (6)  Disposition of offense for which the individual was
     4     sentenced.
     5     (b)  Time period.--
     6         (1)  An individual who is a resident of a county on the
     7     effective date of this act shall comply with subsection (a)
     8     within 60 days of the effective date of this section.
     9         (2)  An individual who establishes a residence in a
    10     county after the effective date of this act shall comply with
    11     subsection (a) within 60 days of establishing residence.
    12     (c)  Exemption.--This section shall not apply to an
    13  individual after the passage of 15 years from the completion of
    14  the sentence for the sexual offense involving children.
    15     (d)  Penalty.--Section 9182 (relating to criminal penalties)
    16  applies to this section.
    17     (e)  Notice.--Each county sheriff shall publish notice of the
    18  requirements of this section in a newspaper of general
    19  circulation within the county every three months.
    20  § 9182.  Criminal penalties.
    21     An individual who fails to report under section 9113.1
    22  (relating to sexual offenses involving children) commits a
    23  misdemeanor of the third degree and shall, upon conviction, be
    24  sentenced to pay a fine of $2,500 or to imprisonment for not
    25  more than one year, or both.
    26     Section 4.  This act shall take effect in 60 days.



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